GANESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant appeal has been filed against the judgment dated 31. 07. 2001 passed by Additional Sessions Judge (Fast Track), Sirohi convicting the appellant of offence under section 302 I. P. C. and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 400/-; in default of payment of fine to further under go one year's rigorous imprisonment.

(2.) THE factual scenario as emerged from the trial is that on 7. 6. 95 P. W. 6 Raman along with his deceased brother Bhamra Ram was on his way to the residence of his aunt for attending a marriage party. At about 10:00 P. M. when they reached to an open place known as `chavra' in village Hadmatiya the appellant Ganesh armed with Kulhari abruptly appeared along with Narain Singh and Dalpat Singh and mounted attack giving a Kulhari blow from the sharp edged side on the head of Bhamra Ram, on account of which he fell down. Hearing the cries, his mother rushed to the scene of occurrence. THE deceased Bhamra Ram disclosed to his mother that it was the Ganesh who inflicted Kulhari blow on his head. After some time the deceased succumbed to the injury. A written report Ex. P6 of the incident was lodged by P. W. 6 Raman Lal at Police Station Anadra on 7. 6. 95 at 11:00 P. M. THE police after usual investigation laid charge-sheet against the appellant for offence under section 302 I. P. C.

(3.) P. W. 5 Mst. Hanja is the mother of the deceased Bhamra Ram. She stated that at about 10:00 P. M. her deceased son Bhamra with another son Raman and Ramesh left the house for attending the marriage of her sister's daughter. At the time, when they left the house, she along with her elder daughter Sharda was at the house. Hearing the shouts of her son Raman, she along with Sharda rushed to the Chavra. She found that her son was lying in the lap of Raman. She took Bhamra in her lap. There was a wound caused by Kulhari on the back side of his head. There was blood on his clothes. Her son Bhamra disclosed that there were three person out of which Ganesh was the person who inflicted injury on his head by Kulhari. She further stated that at the time her deceased son disclosed about the assault by Ganesh her daughter Sharda, her son Raman and Ramesh were also present at the scene of occurrence. Blood stained Kulhari was also lying on the spot. Her son Raman left the spot for lodging the F. I. R. at Police Station Anadra. According to her the election dispute was the cause of assault. Ganesh belongs to the party of Dalpat Singh and Narain Singh whereas they belonged to the party of Govind Ram. In the cross examination, she admitted that some cases were pending prior to the date of incident between them and Dalpat Singh & Narain Singh. The entire cross examination is directed towards the election dispute. She admitted that in her earlier statement Ex. D3 she did not tell the names of two other accused persons.